The State has called its first witness for its defence of the High Court action for damages brought by journalist Ian Bailey over the conduct of the investigation into the late 1996 murder in west Cork of Sophie Toscan du Plantier.
Retired detective garda Denis Harrington began evidence on the 36th day of the case, during which evidence has been heard from 21 witnesses called by Mr Bailey. The Garda Commissioner and State deny Mr Bailey’s claims, including of wrongful arrest and conspiracy to manufacture evidence.
Mr Harrington said he was present when Mr Bailey was arrested at his home near Schull on February 10th, 1997, on suspicion of the murder of Ms du Plantier, whose body was found near Toomore, Schull, on December 23rd, 1996.
While he would not say it was a “courteous” journey to Bandon Garda station, it was “official” with “no undue unpleasantries”, he said. Mr Bailey knew he was suspected of murder and had told gardaí he was “completely innocent”. There was no threat issued to Mr Bailey during the journey, he said.
Mr Harrington also said he saw scratches on the backs of Mr Bailey’s hands and arms when he and a Det Garda Culligan called to Mr Bailey’s home near Schull on December 31st, 1996. Mr Bailey had said he got those cutting down a Christmas tree with Saffron Thomas, a daughter of his partner. Mr Harrington said he grew up in the country and the scratches appeared “like briar cuts”.
He said Det Garda Culligan took notes of a conversation with Mr Bailey about his movements on December 23rd. Mr Bailey agreed the notes were correct and signed them. He and Det Garda Culligan asked to see Mr Bailey’s passport on January 2nd and also went to Mr Bailey’s house on January 9th after he had contacted them, saying he wanted to discuss the case in general and he had referred to matters in France.
Mr Harrington said he and two other gardaí went to see Mr Bailey another time at Mr Bailey’s request when he again referred to matters in France and spoke about Ms Toscan du Plantier’s husband having an influence on the French media. He and Det Garda Culligan also introduced Det Supt Dermot Dwyer, at the superintendent’s request, to Mr Bailey at his home on another occasion in early 1997.
Account notes
On February 10th, 1997, he said he, Det Garda Culligan and Garda Sgt Liam Ryan went to Mr Bailey’s home and asked him to account for his movements at the time of the murder, of which account notes were taken, before telling him he was being arrested on suspicion of the murder and cautioning him. Mr Bailey replied he had nothing to do with this murder.
He took notes of an interview with Mr Bailey in Bandon Garda station that day which was “not aggressive” and was conducted “in a professional manner”. He later read over the notes to Mr Bailey who made an alteration before signing them.
Cross-examined by Ronan Munro, for Mr Bailey, he said he went to the murder scene on December 26th, 1996, and the body was still there and the scene was preserved. The body was located directly below Ms Toscan du Plantier’s house and that of her neighbour, Alfie Lyons, who was free to come and go from his house. He had not taken notes about the scene.
The body was lying in mature, heavy briars and he did not take a sketch or photos of them. He agreed, in hindsight, that that would have been a good idea. He did not receive forensic training when training as a garda in 1967, he added.
Mr Munro asked Mr Harrington if there was a suspect file on Mr Bailey. After Mr Bailey was named as a suspect for the murder by a local garda in Schull, Mr Harrington said he and Det Garda Culligan, both normally stationed in Mayfield, Cork, were detailed to examine this. He agreed his job was to collate information on Mr Bailey and he believed whoever was in charge of the incident room would have control of that.
He believed it was already on file that Mr Bailey had used violence against his partner. He presumed any material gathered would go on the suspect’s file.
Suspect file
Later during cross-examination, Mr Harrington said he never saw any suspect file in Mr Bailey’s case and doubted there was one. When Mr Munro said his side were told there was one and it seemed to be lost, Mr Harrington said he knew nothing about that and he left whatever papers he had with gardaí.
He would have signed a hand-written statement made by him relating to briars and it would be normal to date that, he said. That statement should be around, he added. At this point, the jury was told by counsel for the State they had no such dated statement.
Mr Harrington also agreed he and Det Garda Culligan had not taken a statement from Saffron Thomas in the context of Mr Bailey’s claim that she was present when he was cutting down the Christmas tree. Mr Harrington said he could not recall what steps he took himself to see if Mr Bailey’s account was corroborated.
When Mr Bailey was arrested on February 10th, 1997, no one else was considered a suspect at that point, he said.
The case continues.
